SCHEDULE 2

The Mental Health Tribunal for Scotland
Part 3

Tribunal procedure

Evidence
12
1
The Tribunal may by citation require any person to attend, at such time and place as is specified in the citation, for the purpose of—
a
giving evidence; or
b
producing any document in the custody, or under the control, of such person which the Tribunal considers it necessary to examine.
2
In relation to persons giving evidence the Tribunal may administer oaths and take affirmations.
3
A person who is cited to attend the Tribunal and—
a
refuses or fails—
i
to attend; or
ii
to give evidence; or
b
alters, conceals or destroys, or refuses to produce, a document which such person may be required to produce for the purposes of proceedings before the Tribunal,
shall, subject to sub-paragraph (4) below, be guilty of an offence.
4
A person need not give evidence or produce any document if, were it evidence which might be given or a document that might be produced in any court in Scotland, the person having that evidence or document could not be compelled to give or produce it in such proceedings.
5
It shall be a defence for a person charged with contravening sub-paragraph (3) above to show that the person has a reasonable excuse for such contravention.
6
A person guilty of an offence under sub-paragraph (3)(a) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
A person guilty of an offence under sub-paragraph (3)(b) above shall be liable—
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.
Sch. 2 para. 12 in force at 3.5.2004 by S.S.I. 2004/153, art. 3, Sch. 2